SHAIKH JADANBEE SHAIKH RAIS Vs. DISTRICT COLLECTOR
LAWS(BOM)-2022-12-44
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on December 13,2022

Shaikh Jadanbee Shaikh Rais Appellant
VERSUS
DISTRICT COLLECTOR Respondents


Referred Judgements :-

LALITA DILIP KHANDALKAR VS. ADDITIONAL COMMISSIONER ORS. [REFERRED TO]


JUDGEMENT

- (1.)The petitioner is an elected member of village panchayat Garkheda-Jomal and she became Sarpanch of the said panchayat in February-2021.
(2.)Respondent No.5 filed a compliant before the learned Collector, Jalna under Sec. 14(1) (j-3) and 16 of the Maharashtra Village Panchayats Act, 1959 seeking a disqualification on the ground that the petitioner has made encroachment over the government land. It has been noted in the complaint that the petitioner has constructed a house at gaothan land admeasuring 15 X 20 feet by committing encroachment. It is the case of the petitioner that on 6/9/2022 the petitioner appeared before the Collector and on that day it was found that the Block Development Officer / Respondent no.3 had submitted an inquiry report in the complaint. The petitioner then received copy of the inquiry report dtd. 9/7/2021 and in the said inquiry report spot inspection / panchanama was not submitted. It is the case of the petitioner that the alleged spot inspection was done behind the back of the petitioner and in absence of the petitioner. However, it is stated in the said report that on 6/7/2021 around 03:30 pm measurement was done in respect of house of the petitioner and in the said report it is also stated that there is encroachment on a public road.
(3.)The petitioner, thereafter, on 20/9/2022 submitted the application before the Collector and requested for re-inquiry / spot inspection as the same was not drawn in her presence and prayed for fresh spot inspection in presence of revenue officers having technical knowledge. The petitioner, thereafter, on 4/10/2022, submitted another application and prayed for fresh inquiry report and time to file written statement. On 04. 10.2022, the Collector, Jalna passed interim order on Roznama, thereby, rejecting the request of the petitioner for inquiry on the ground that the request is not legal and then directed the petitioner to submit his written statement. The petitioner has challenged the interim order passed by the Collector on the Roznama rejecting her request for re-inspection by filing the present writ petition.


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